CERTIFICATION OF ENROLLMENT

SENATE BILL 5959

Chapter 188, Laws of 2003

(partial veto)

58th Legislature
2003 Regular Session

PERSONAL WIRELESS FACILITIES--HIGHWAY ACCESS

EFFECTIVE DATE: 7/27/03

Passed by the Senate April 22, 2003 YEAS 46 NAYS 1 BRAD OWEN ________________________________________ President of the Senate Passed by the House April 11, 2003 YEAS 86 NAYS 0 FRANK CHOPP ________________________________________ Speaker of the House of Representatives		CERTIFICATE I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5959 as passed by the Senate and the House of Representatives on the dates hereon set forth. MILTON H. DOUMIT JR. ________________________________________ Secretary
Approved May 9, 2003, with the exception of section 1, which is vetoed. GARY LOCKE ________________________________________ Governor of the State of Washington		FILED May 9, 2003 - 4:04 p.m. Secretary of State State of Washington

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SENATE BILL 5959
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AS AMENDED BY THE HOUSE
Passed Legislature - 2003 Regular Session

State of Washington

58th Legislature

2003 Regular Session

By Senators Esser, Poulsen, Schmidt, Eide, Stevens, T. Sheldon, Reardon and Finkbeiner

Read first time 02/25/2003. Referred to Committee on Technology & Communications.

AN ACT Relating to allowing approaches to partially controlled limited access highways for the deployment of personal wireless facilities; amending RCW 47.52.001; and adding a new section to chapter 47.52 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     *Sec. 1   RCW 47.52.001 and 1961 c 13 s 47.52.001 are each amended to read as follows:
     (1) Unrestricted access to and from public highways has resulted in congestion and peril for the traveler. It has caused undue slowing of all traffic in many areas. The investment of the public in highway facilities has been impaired and highway facilities costing vast sums of money will have to be relocated and reconstructed.
     (2) Personal wireless service is a critical part of the state's infrastructure. The rapid deployment of personal wireless facilities is critical to ensure public safety, network access, quality of service, and rural economic development.
     (3) It is, therefore, the declared policy of this state to limit access to the highway facilities of this state in the interest of highway safety and for the preservation of the investment of the public in such facilities; however, approaches to partially controlled limited access highways shall be permitted for the deployment of personal wireless facilities.
     *Sec. 1 was vetoed. See message at end of chapter.

NEW SECTION.  Sec. 2   A new section is added to chapter 47.52 RCW to read as follows:
     (1) The department shall authorize an off and on approach to partially controlled limited access highways for the placement and service of facilities providing personal wireless services.
     (a) The approach shall be in a legal manner not to exceed thirty feet in width.
     (b) The approach may be specified at a point satisfactory to the department at or between designated highway stations.
     (c) The permit holder may use the approach for ingress and egress from the highway for construction or maintenance of the personal wireless service facility during nonpeak traffic hours so long as public safety is not adversely affected. The permit holder may use the approach for ingress and egress at any time for the construction of the facility if public safety is not adversely affected and if construction will not substantially interfere with traffic flow during peak traffic periods.
     (2) The department shall authorize the approach by an annual permit, which may only be canceled upon one hundred eighty days' written notice to the permit holder.
     (a) The department shall set the yearly cost of a permit in rule.
     (b) The permit shall be assignable to the contractors and subcontractors of the permit holder. The permit shall also be transferable to a new owner following the sale or merger of the permit holder.
     (3) For the purposes of this section:
     (a) "Personal wireless services" means any federally licensed personal wireless service.
     (b) "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures.
     (4) The department shall present a report to the house of representatives technology, telecommunications, and energy committee and the senate technology and communications committee on the implementation of the permit process and the cost of permits by January 15, 2004, and by the first day of the legislative session following adoption of any rule increasing the cost of permits.

         Passed by the Senate April 22, 2003.
         Passed by the House April 11, 2003.
         Approved by the Governor May 9, 2003, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State May 9, 2003.

     Note: Governor's explanation of partial veto is as follows:

"I am returning herewith, without my approval as to Section 1, Senate Bill No. 5959, entitled:

     "AN ACT Relating to allowing approaches to partially controlled limited access highways for the deployment of personal wireless facilities"

This bill establishes procedures for the Department of Transportation to permit wireless telecommunications facilities to be located along partially controlled limited access highways. This is important legislation that will help expand telecommunications services to underserved areas in our state and promote economic development.

However, Section 1 of this bill would have amended RCW 47.52.001, which is a declaration of state policy to limit access to the highway facilities of the state in the interest of highway safety and for the preservation of the investment of the public in such facilities. The amendment would have created an inflexible exception to this longstanding policy by stating that personal wireless facilities "shall be permitted" along partially controlled limited access highways, apparently without qualification. Insofar as this section can be read to suggest that deployment of personal wireless facilities is consistent with the state's interest in highway safety, and that telecommunications deployment should take precedence over it, I am compelled to veto it.

I agree with the Legislature that personal wireless service is a critical part of the state's infrastructure, and I believe that Department of Transportation policy should acknowledge this. However, state policy should also ensure that telecommunications deployment be achieved along state highways without adversely affecting highway safety. For this reason, I believe the current language in RCW 47.52.001, which "limits" but by no means prohibits access to public highways, is the better statement of policy than that contained in Section 1.

For these reasons, I have vetoed Section 1 of Senate Bill No. 5959.

With the exception of Section 1, Senate Bill No. 5959 is approved."